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(Guest)

Io not filing status report.

FIR was registered in Aug,2011 under 406 after direction from court on a complaint under section 156(3).

Since then case has been put up many times for status report. But police is not doing any investigation. IO does not even appear on dates. None of the accused is arrested till now.

What can we do to expedite the process? or can we initiate any action against IO/SHO for intentionally delaying and helping accused?



Learning

 4 Replies

Kiran Kumar (Lawyer)     11 September 2012

well the trial court will not interfere with the investigation process

you may approach High Court for transfer of the investigation to some other compent officer/ authority.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 September 2012

You should approach the High Court of your state in it's writ jurisdiction citing violation of your right to speedy justice, and seek writ in the nature of 'mandamus' whereby the court would the police to investigate in a time bound manner and present the chargesheet or Final Report as the case may be.

Bharat Chugh

Advocate Supreme Court of India

1 Like

(Guest)

under section 406 ipc Offence, IO has to submit final report/ charge sheet within 60 days.

But he has not submit this sinceOct. 2011 to till yet.

You have to complaint against such Police for negligence and supported he accused. OR go to High Court for fast relief.


(Guest)

Thanks for responses.

Can we move contempt of court application as, IO is ignoring summons, not investigating expeditiously and not appearing in court also?

@Mr. Prajapati : Can you please provide some ref case laws where is is held that FR should be submitted in 60 days for sec 406?


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